What is the burden of defending a lockdown policy that is race-based?
MultiRegion, United States of America
The following excerpt is from Mitchell v. Cate, No. 2:08-CV-01196 (E.D. Cal. 2014):
policy is race-based, the burden is shifted to Defendants to show that the lockdown policy survives a strict scrutiny review. See Johnson v. California, 543 U.S. 499, 515 (2005) ("Prisons are dangerous places, and the special circumstances they present may justify racial classifications in some contexts. Such circumstances can be considered in applying strict scrutiny, which is designed to take relevant differences into account.").
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